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CHAPTEE 169 



OF THE 



Revised Laws of Vermont, i88o, 



RELATI1?'G TO THE 



Imm 



% 



If li liffliBf illii 111 



^■^ 



WITH SOME ADDITIONAL SECTIONS. 




gMblt^liP^ tJM gittthotity* 



EUTLAND : 

TuTTLE & Co., Official Printers axd Statioxers to the Stat 

'18 8 1. 




Book, KfT /i ^ 



CHAPTER 169 



OF THE 



REVISED LAWS OF VERMONT, 1880, 



RELATING TO THE 



Traffic in Intoxicating Liquor 



WITH SOME ADDITIONAL SECTIONS. 




Publisf)£ti ig ^titfj0rit2. 



RUTLAND : 

TUTTLE & CO., OFFICIAL PRINTERS AND STATIONERS 
TO THE STATE OF VERMONT. 

1881. 



(>j^ 



sfesfr- 






'A r^ 



PREFACE 



This pamphlet is published under authority of Xo. 142, Acts of 
1880, Sec. 5. It contains chapter 169 of the Eevised Laws and 
some sections from other parts of the book added for the sake of 
completeness. We have included also a part of the index of the 
Kevised Laws. 

CLARENCE H. PITKIN, 
HIRAM A. HUSE, 
ASHTON R. WILLARD, 

Commissioners to edit the Revised Laios. 

MONITELIKR, July, 1881. 



Chap. 169.] TRAFFIC IN INTOXICATING LIQUOR. 



731 



Chapter 169. 



THE TRAFFIC IN INTOXICATING LIQUOR. 



Section 

Commissioner, 

3787. When chosen ; by whom. Warn- 

ing. Certificate of votes. 

3788. Time of voting. Boxes and can- 

vassing votes in cities. 

3789. Duties of county clerk. 

3790. Term of office ; compensation. 

3791. Bribery in appointing agent; penal- 

ties. 

Town Agents. 

3792. Appointment ; duties ; compensa- 

tion ; term of office. Vacancy. 
Ineligibility. 

3793. Certificate of appointment. 

3794:. Selectmen to furnish liquor and fix 
selling price. Proceeds paid to 
town treasury. 

3795. Selectmen not to make compensa- 

tion contingent; penalty. 

3796. Agent acting before compensation 

fixed, liable. 

3797. Selling at exorbitant profit. Com- 

missioners to annul license. 

3798. Complaint to commissioners against 

agent, hearing on ; revoking ap- 
pointment ; prosecuting bond. 

3799. Procuring liquor of agent by false 

statements; penalty. 

Prohibition of the Manufacture and 
Sale of Intoxicating Liquor. 

3800. General prohibition; limitations. 

Certain terms construed. 

3801. Payments for liquor illegally sold, 

recoverable; no action for liquor 
or its value unless legally bought 
or sold. 

3802. Penalty for selling, furnishing, giv- 

ing away ; and foi* keeping with 
intent to sell. 

3803. Jurisdiction. Prosecuting officer. 

Action of debt also given. 

380-1. Prior convictions to be alleged and 
proved; penalty for wilful failure. 

3805. Plea of guilty to state number of 
offenses ; may be accepted or re- 
jected ; one count. 

3506. On plea of guilty offenses, imless 

specified, held committed when 
alleged. 

3507. Judgment thereon no bar for offenses 

other than ones so specified or al- 
leged. 

3808. When pleadings end in demurrer 

and decision is against respondent, 
proceedings. 

3809. Selling, &c., adulterated liquor; 

penalty. 

Penalty for Becoming a Common 
Seller. 

3810. Common seller or manufacturer. 

Penalty, how and when recovered. 
Jurisdiction. 

3811. Conviction under § 3810, limited as 

to number of offenses. As a bar. 

Proceedings against a Person found 

Intoxicated. 
3312. Being found intoxicated ; penalty. 



Section 

3813. Court may delay issue of mittimus. 

Proceedings thereafter. 

3814. Drunken disturber ; arrested with- 

out warrant, detained, brought to 
disclose. 

3815. Prosecuting officer to be notified and 

attend. 

3816. Proceedings on disclosure. War- 

rant, when to issue ; proceedings 
thereon. 

3817. Prior convictions proved to affect 

sentence; record. 



RE AND Condemnation of Liquor. 
Sworn complaint of three voters. 

Warrant to search ; seizure ; keep- 
ing. 
Summons ; hearing. Forfeiture ; 

delivery unless. Condemnation ; 

destruction. Proof. 
Advertisement if owner unknown. 

If property of a town, delivery 

when ; if not, proceedings. 
Officer, when to search without Avar- 

rant ; seizures ; arrest of keeper ; 

complaint, proceedings. 
Claimant to file claim. 
Recognizance to prosecute claim. 
Recognizance on appeal. 
Judgment, if against claimant. 
Appellant not prevailing, order for 

disposal of liquor. 
When liquor seized is replevied ; 

custody and disposal of. 
Replevin not to delay proceedings. 
Liquor used in certain arts or ti-ades. 



Seizu 
3818. 



3819 



3820, 



3821, 



3822. 
3823. 
3824. 
3825. 
3826. 

3827. 

3828. 
3829. 



Penalty for Transporting Intoxicat- 
ing Liquor or Soliciting Orders 
therefor. 

3830. Bringing, procuring or transporting 

liquor for illegal use ; penalty. 

3831. Carriers bringing or delivering un- 

marked barrel, &c. ; penalty. 

3832. Acting as agent for dealer, soliciting 

orders, aiding in selling, &c. ; 
penalty. 

Civil Damage. 

3833. Seller liable for what and to whom ; 
proceedings. 

Abatement of Nuisances under this 
Chapter. 

3834. Seller's liability to wife or child of 

man imprisoned for drunken act. 

3835. Judgment; close jail execution. 

3836. Common nuisance, what held to be. 

3837. On proof to be adjudged such and 

ordered shut up and abated. 
Penalty for keeping. 

3838. Order for abatement. 

3839. Place again abated. 

3840. Closed till bond given; penalty. 

3841. Prosecution of bond. 

3842. Tenant keeping nuisance, owner's 

rights. 

3843. Lessor permitting nuisance, penalty. 

3844. Jurisdiction. Disposal of fines. 

3845. "Intoxicating liquor" and "gam- 

bling " construed. 



732 



TRAFFIC IN INTOXICATING LIQUOR. [Title 30 



Section 

Miscellaneous. 

3846. Liquor dealer's disability as juror. 

3847. Order of trial ; nol. pros, or continu- 

ance. 

3848. Prior conviction to be alleged; how. 

3849. Grand jury to present. 

3850. Jury trial ; special verdict. 
38ol. Official neglect; penalty. 

3852. State's attorney settling; penalty. 

3853. Town refunding fine ; penalty. 

3854. Accounts, how audited. 

3855. One-fourth of fine to prosecutor. 

3856. Witness's testimony criminating 

himself. 
- 3857. Amendments allowed. 



Section 

Fees. 

3858. Amount of; how taxed. 

Forms. 

3859. Complaints under §§ 3802, 3810. 

3860. Each act provable as an offense; 

sentence. 

3861. Describing offense in action of debt. 

3862. Complaint and warrant for search 

and seizure. 

3863. Orders for destruction. 

3864. Warrants on disclosure. 

3865. Complaint for keeping nuisance. 

3866. Order to abate nuisance. 



When chosen ; by 
whom. Warning. Cer- 
tificate of votes. 

G. S. 94, § 2; 1854, 
No. 56, § 1 ; 1852, No. 



Time of voting. Boxes 
anil canvassing votes in 
cities. 

1872, No. 63 ; G. S 
94, 6 3 ; 1861, No. 37, 



Duties of county clerk. 

G. S. 94, § 2; 1852, 
No. 24, vS 2. 



Term of office. Com- 
nensation. 

1863, No. 31, (^ 1; G. 
S. 94, 5 2; 1861, No. 
37, ^ 2 ; 1854, No. 55 ; 
1852, No. 24, § 2. 



Bribery in appointing 
agent ; penalties. 

G. S.94, 5 45; 1856, 
No. 3, s^ 4. 



39 Vt. 441. 



COMMISSIONER. 

Sec. 3787. A county commissioner shall be chosen annu- 
ally on the first Tuesday of March by the voters of the several 
towns in each county. Notice of the election shall be given by 
the selectmen of the respective towns, as is provided for town 
meetings ; and a certificate of votes for such commissioner shall 
be forwarded by town clerks to the clerk of the county in 
which such towns are situated on or before the second Tuesday 
in the next April. 

Sec. 3788. The box for receiving votes for commissioner 
shall be opened not later than twelve o'clock, noon, and re- 
main open until three o'clock in the afternoon. The mayor 
and board of aldermen of cities shall cause a box to be placed 
to receive votes for commissioner in each ward of a city, at 
the annual election in March, at the usual polling places in the 
wards of such city ; and the inspectors of elections in such 
wards shall canvass the votes for commissioner and make re- 
turn of the same to the city clerk immediately after the elec- 
tion is held. 

Sec. 3789. The county clerk shall on the second Tuesday 
in April canvass the votes so returned and declare the person 
having the greatest number of votes elected commissioner, and 
shall issue to such person a certificate of his election and make 
proclamation of such election in one or more newspapers. 

Sec. 3790. A commissioner shall hold his office for one 
year and until another is chosen in his stead, and shall receive 
as compensation for services rendered six cents a mile for nec- 
essary traA^el and two dollars a day for time spent in the per- 
formance of his duties, to be allowed by the auditor of accounts. 
No commissioner shall receive for one yeixr more than thirty 
dollars. 

Sec. 3791. If a county commissioner, either directly or 
indirectly, receives a gift, fee or reward in money or other val- 
uable thing, in consideration of the appointment of a person as 
agent for the sale of intoxicating liquors, he shall forfeit not 
less than one hundred dollars and not more than one thousand 
dollars, with costs of prosecution, and be imprisoned for a term 
of six months ; and a person who pays or offers to pay to such 
commissioner money or other valuable thing in consideration 
of an a])pointnient as agent shall be liable to the same penalty. 



Chap. 169.] TOWN AGENTS. 733 

TOW]^ AGENTS. 

Sec. 3792. A county commissioner, on the first Monday in Appointment; duties; 
May annually, or as soon after as is convenient, may appoint an Sfflcer^Vcancy.^n-*^ 
agent for any town in the county, to sell at some convenient Q^^g^gft 4. 18.52^ 
place therein intoxicating liquor to be used for medicinal. No. 24, 6 3. 
chemical and mechanical purposes only. The agent shall ** 
receive such compensation for his services as the selectmen of 
the town prescribe ; and shall, in the sale of such liquor, con- 
form to such rules as the commissioner prescribes, and shall 
hold his situation for one year, unless removed by said commis- 
sioner or his successor in office. If such appointment becomes 
vacant the commissioner may appoint another agent for the 
remainder of the year. No innkeeper or keeper of a house of 
public entertainment shall be appointed such agent. 

Sec. 3793. Such agent shall receive a certificate from the certificate of appoint, 
commissioner authorizing him, as the agent of the town, to sell g^'s.'qi, s^ 7; 1S52, 
intoxicating liquor for medicinal, chemical and mechanical pur- No. 24, ^4. 
poses only; but such certificate shall not be delivered or take '^^^^^- '^• 
effect until he shall, if required by the commissioner, deliver to 
him a bond to the county, with two sufficient sureties, in the 
sum of six hundred dollars, in substance as follows : 

"Know all men that Ave, , as principal, and — , 

as sureties, are holden to the county of , in the sum of 

six hundred dollars, for the payment of which, to said county, 
we bind ourselves, our heirs, executors, and administrators 
firmly by these presents. 

" Witness our own hands and seals hereto affixed, this 

day of , A.D. . 

"Provided, if said shall, while he is agent of the 

town of , for selling intoxicating liquor, conform to the 

provisions of the law relating to the traffic in such liquor, and 
to the rules respecting the same prescribed by the commissioner 
of said county, not inconsistent with the provisions of law, 
this obligation shall be void, otherwise of force." 

Sec, 3794. Town agents shall not purchase intoxicating selectmen to furnish 
liquor at the expense or credit of the town for which such pS.'^ ^"prJ^eedt^irald 
agent is appointed ; but the selectmen of such town shall fur- 187075^ 6?ri863, 
nish the agents, at the expense of the town, such liquor ; and Na i^; G. s. 94, ^W; 
they shall fix the price at which it shall be sold, and the money 1352' no! 24' | 3.' 
received from such sales shall be paid by the agent into the 39 vt. 441. 43Vt.86. 
treasury of the town when required by the selectmen. 42Vt'.557'. 

Sec. 3795. If the selectmen, in fixing the compensation selectmen not to make 
of an agent, make a contract having a tendency to induce him gel!t*^penaity.*'^" "'" 
to increase his sales for the purpose of increasing his compen- §0^27 ^'^ \o ' ^^^^' 
sation, or make or agree to make such agent compensation 
other than in a specific and definite sum of money, every 
selectman so offending shall forfeit not more than five hundred 
dollars, and not less than one hundred dollars. 

Sec. 3796. If a town ao:ent procures and sells intoxicatinoj Agent acting before 

!• • j^i X n I'll* . "ii ! • compensation nxed, 

liquor m the town for which he is agent without making a con- liawe.^ 
tract with the selectmen as to compensation, he shall be liable 1^64, No. 50. 



734 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

to the penalties provided for a person becoming a common 

seller. 
pJiflt.^ comnilSer ^^^- 3797. If tlic agent of a town sells intoxicating liquor 
to annul license. at an exorbitant profit, the commissioner, on application of 

No. 27, '^k' ' three legal voters of such town, shall ascertain whether the 

agent is guilty of so selling, and if so, shall forthwith annul 

his license. 
Complaint to commis- ggc, 3798. Whcu complaiut is made to the commissioner 

sioner against agent, i t i r ^ -i 

hearing on; revoking that au agent has vioUitcd the terms of his license, or has broken 
mgjJond?" '^^^ ^ ""'the condition of his bond, he shall notify him thereof; and if, 
§0^24*6 1.^'^ ' ^^^^' ^^^ hearing, it appears that such terms have been violated, or 
that such condition has been broken, he shall revoke his ap- 
pointment ; and upon a breach of the condition of such bond, 
he shall cause the same to be prosecuted. 
agenrbylaVsntate- Sec. 3799. If a pcrsou procurcs, or attempts to procure, 

n^ents ; penalty. _ of ail authorized agciit iiitoxicatiiig liquor, by falsely repre- 
No. 2, fz\ ' ' senting the purpose for which it is intended to be used, he shall 
forfeit to the state ten dollars, with costs of prosecution. 

PROHIBITION OF THE MANUFACTURE AND SALE OF INTOXICAT- 
ING LIQUOR. 

General proiiibition. g^c. 3800. No pcrsou shall cxccpt as Otherwise specially 

"Intoxicating iKiuor" n ^ ^ n ^ • i • i i- i^ 

to include wiiat. provided manufacture, sell, lurnish or give away, by himself, 

94, ^*i;°i852', No. 24, clcrk. Servant or agent, spirituous or intoxicating liquor, or 
IfiVt 508 -^rV't cr 1^^^^®^^ liquor of which a part is spirituous or intoxicating, or 
29VL70.' 37 vt.* 57. * nialt liquors or lager beer; and the phrase " intoxicating liq- 
33 vt" 656' 39 vt" 370* ^^^^'^ " ^^^^^^'^ it occurs in this chapter shall be held to include 
35Vt."584." 44Vt!208*. sucli liquors and beer. 

"Furnish" construed. Tlic woi'd " furuish " whcrc it occurs in this chapter shall 
No. 2, fi. ' ^^' ^pply to cases where a person knowingly brings into or trans- 
ports within the state for another person intoxicating liquor 
intended to be sold or disposed of contrary to law, or to be 
divided among or distributed to others, 
tion'iimited'" ^^^'^''^^' The words " give away " where they occur in this chapter 
G. s. 94, i 1 ; 1853, shall uot appl}^ to the giving of intoxicating liquor at private 
34^v^.'^3l3.^*44 vt. 208. ^^^^^^^i"&*5 ^1' their dependencies, unless given to an habitual 
drunkard, or unless such dwelling or its dependencies become 
a place of public resort. 
At certain assemblages. But 110 persou sliall furnisli or givc away intoxicating liquor 
No. 3L ' ^ ' ' at an assemblage of persons gathered to erect a building or 
frame of a building, or to remove a building or at a public gath- 
ering for amusement. 
Communion wine. Nothino^ iu this chapter shall prevent the manufacture, sale 

Cider, native wine ; , ""r • r xi i* i* ^i t l» 

fermented liquor for and usc 01 wuic lor the commemoratioii 01 the L/ord s supper, 
T874rNo"^29; G. s. 1^0^ the manufacture, sale and use of cider, or, for medical pur- 
24' si I'o^' ^^^^' ^°' P^^®^ o^^y? of wine made in the state from grapes or other 
' fruits the growth of the state and which is without the admix- 

ture of alcohol or spirituous liquor, nor the manufacture by 
any one for his own use of fermented liquor. 
Selling cider, &c., in But uo pcrsou shall Sell or fumish cider or fermented liquor 

public resort or to ^ • • n. i i n 

druniiard. at or ui a Victualling house, tavern, grocery, shop, cellar, or 



Chap. 169.] PROHIBITION OF INTOXICATING LIQUOR. 735 

other place of public resort, or at anyplace to an habitual g. s. 94,j is ; 1853, 
drunkard . ^ fi vf sis^' 48 vt. 12. 

Sec. 3801. ' Payments or compensations for liquors sold in Recovery, for payment 
violation of law, whether in money, labor, or personal property, foriHu'ofofvli'ue.^"^ 
shall be held and considered to have been received in violation g. s. 94, § 32 ; i852, 
of law, without consideration, and against law, equity, and good 31 vt. 529. 43 vt. 542. 
conscience, and may be recovered back, it being alleged in the gj^'-jn* l? vt'709* 
declaration that the money, labor, or personal property so held 32Vt!iio! 48Vt!i76! 
was received and is held to the use of the plaintiff; no action 32 yf' 898* 50 vtSi' 
of any kind shall be had or maintained in any court, for the 4oyt. 145. 52yt.424'. 
recovery or possession of intoxicating liquor, or the value there- ' ^* 
of, except such as is sold or purchased in accordance with the 
provisions of this chapter. 

Sec. 3802. If a person by himself, clerk, servant or penalty for selling, 
agent, sells, furnishes or gives awa}^ ; or owns, keeps or pos- awTy-\*nd'f?7k"elping 
sesses with intent to sell, furnish or give away, intoxicating ]^8'76'no"36^ g"s 
liquor or cider in violation of law, he shall forfeit for each of- 94, \\ 9, 13, iS; *1854, 
feiise to the state, upon the first conviction ten dollars and costs ^f^'kl\ i85^^no' 24°' 
of prosecution ; on the second conviction he shall forfeit for s^ 5. 
each offense twenty dollars and costs of prosecution, and shall cases^ cited undei^ ^° 
also be imprisoned one month ; and on the third and subsequent ^ 3800. 
convictions he shall forfeit for each offense twenty dollars and 
the costs of prosecution, and shall also be imprisoned not less 
than three months nor more than six months. 

Sec. 3803. Justices shall have concurrent jurisdiction .jurisdiction. Prose- 
with the county court in prosecutions under the preceding sec- of*debt^aisTffive\f."**° 
tion, and the same may be tried upon the complaint of the G- s. 94, j 15; I8.52, 
grand juror of the town, or of the state's attorney, before a * ' ^ • 
justice, or upon the information of the state's attorney, before 
the county court. Such forfeiture may also be recovered in an 
action of debt in the name of the state, and the state's attorney 
shall institute and prosecute such action, on being informed 
of such offense and furnished with evidence thereof, unless it is 
otherwise prosecuted for. 

Sec. 3804. In prosecutions under said section the prose- Alleging prior con- 
cuting officer shall allege in the complaint, information, or indict- 1872? No. 24, ^"i 1. 
ment, known prior couvictions under said section to the number ^5 vt. 570. 
of two, and upon trial shall make proof of the same, and in case 
of a wilful failure so to do shall be liable to the provisions of 
and the penalty prescribed by section 3617 [§ 3852]. 

Sec. 3805. In such prosecutions the respondent, if he piea of guiity to state 
pleads guilty, shall state in his plea the number of offenses of m"" *£" ^ceJSfoV re- 
which he is guilty ; and the prosecuting officer, under the tli- G*'*s^^4"n4'?"i858 
rection of the court, may accept the plea for such number of No. 30. ' 
offenses, or may put the respondent on trial, in his discretion ; 
and in such prosecutions, no more than one count shall be re- 
quired, and no costs shall be allowed to a state's attorney, or 
taxed against a respondent, for additional counts. 

Sec. 3806. When a person is prosecuted, either by com- On piea of guilty of- 
plaint, indictment, or information, for selling, furnishing, or hew^ommitted'when ' 
giving away intoxicating liquor, if such person appears before g!X9*4, § 37; I855, 
the court wherein such prosecution is pending and pleads guilty Jl^yKg^ .9 ^^ .37 



736 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

to the offenses charged, and judgment is rendered thereon for 
the penalty, such offenses shall be held to have been com- 
mitted on the days specifically set forth in such complaint, 
indictment, or information, unless the respondent, at the time 
of pleading guilty, specifies some other days on which such 
offenses were committed, in which case an entry thereof shall 
be made upon such complaint, indictment, or information, and 
become a part of the record. 
har"foroffensfs"other Sec. 3807. The judgment rendered in such proceedings on 
than ones specified or pj^a of guilty sliall uot be a bar to subsequent prosecutions for 
G. s. 94, ^S^ 38. 39 ; other offsuses than the ones specified in the complaint, indict- 
??'^'^' ■^^l^'lVi^.o- ment or information, or by the respondent, whether committed 

3o\t. 565. 49Vt. 437. ,, ^ \ n i^ •. a i •/• i 

on the same day or beiore or alter it. And it on subsequent 
proceedings against the same person for a like selling, furnish- 
ing or giving away of intoxicating liquor it appears that such 
person had been guilty thereof at other times than those speci- 
fied in the former proceedings, he may be proceeded against 
therefor as though such other offenses had been committed 
subsequent to such former judgment. 
hi'liTmuVTe?^^^^ Sec. 3808. In prosecutions under section 3572 [§ 3802], 

cision is against re- jf the pleadino:s terminate in a demurrer and the decision of 

spondent ; proceedings. . • ^ • . . i j x i xi i. • -x t 

1870, No. 58. the court IS against the respondent, unless the court m its dis- 

cretion allows the respondent to withdraw his pleadings and 
plead anew, it shall, upon the demand of the prosecuting officer, 
ascertain, and by a jury, if demanded by the respondent or 
should the court so order, the number of offenses of which the 
respondent is guilty, and enter judgment accordingly. 
seiiiiig,&c., adulterated Sec. 3809. If a persoii by liimsclf, clerk. Servant or agent, 
G!"s.^94rri!^ f 1855, or if an authorized agent of any town, knowingly sells, fur- 
'^0.2, §4:. nishes, gives away or distributes to others intoxicating liquor 

which is impure or adulterated he shall forfeit to the state not 
less than ten dollars and not more than three hundred dollars. 

PENALTY FOR BECOMING A COMMON SELLER. 

Common seller or man. g^c. 3810. A pcrsou who is a commou scllcr of iiitoxi- 

ufacturer. Penalty, .,^,. ., i-ip 

how and when re- catiug Iiquor without bciiig appointed agent as hereinbetore 
G. s. 94, ^s 18; 1852, * provided, or a manufacturer thereof, shall on the first conviction 
47°Yt^287^' 47 Yt 493 ^l^^reof forfeit to the state one hundred dollars and costs of 
' prosecution ; for the second, and every subsequent conviction, 
two hundred dollars on each conviction ; and on being convicted 
thereof the third, or any subsequent time, he shall also be 
imprisoned not less than four nor more than twelve months ; 
such forfeiture to be recovered, and such penalty to be inflicted, 
upon complaint of the grand juror of the town where the oftense 
is committed, or upon the information of the state's attorney, 
or upon an indictment found by the grand jury of the county ; 
but if not so prosecuted within one year after the offense is 
committed, such forfeiture and payment may be recovered by 
an action of debt in the name of the state by a person prose- 
cuting for the same, one-half to go to such person and one-half 
to the state. Justices shall have concurrent jurisdiction with 
the county court of prosecutions under this section. 



to mim- 



Chap. 169.] PERSON FOUND INTOXICATED. 

Sec. 3811. No person sliull be convicted as a common conviction uu.ie 

,, T .^ T ,. 1 xi 1 i? 1 3810, limited as lu III! 

seller micler the precedmg section unless tne number ot sales i>er of oflfenses. as 
exceeds live nor Avhen the number of olFenses proved or con- q/^ 94.^ ^ 19 . 1355^ 
fessed exceeds ten, but in such cases the respondent shall be No. 2. 
fined for each distinct act of selling, furnishing or giving away 
as provided in section 3572 [§ 3802]. No conviction as a com- 
mon seller shall be a bar to a subsequent conviction for offenses 
other than those for which the respondent was convicted as a 
common seller, Avhether such offenses were committed on the 
same day or difierent days. 

PROCEEDINGS AGAINST A PERSON FOUND INTOXICATED. 

Sec. 3812. If a person is found intoxicated he shall on Prosecution ; penalty. 
conviction thereof pay a fine of five dollars to the state, with ^o 2, ,,^'2^. ' ^^' 
costs of prosecution, provided the prosecution is commenced ^G vt. 374. 47A't. 294. 
within thirty days after the offense is committed. 

Sec. 38 i 3. When a person is convicted of the crime of ]>e'aj'in»,»ssue of Dit- 

. , -. ^ ^ . .. •/.! 1^ timus Proceeding's 

being found intoxicated or 01 intoxication, it the court before thereafter, 
wdiom the conviction is had shall consider it advisable to put ' 
the respondent upon his good behavior, such court may delay 
issuing a mittimus against such respondent for such length of 
time as such court shall consider for the best good of the public 
and the respondent, and if such court shall thereafter consider 
that the public good or the well being of the respondent re- 
quires, he may issue a mittimus for the commitment of such 
respondent and the mittimus so issued shall have all the force 
and be subject to the same provisions as if issued within twenty- 
four hours after the time of conviction, provided that such mit- 
timus shall not issue unless issued within two years from such 
conviction. 

Sec. 3814. When a person is found in such a state of summary arrest of 
intoxication as to disturb the public or domestic peace and proceedings."^ ^[ 
tranquillity, a sheriff, deputy sheriff, high bailiff, or justice, for 94j'*^^'3^°\|5^ No^*24 
the county, or a constable, grand juror, or selectman, of the f^^ 
towm, in which such person is so found, shall apprehend such 
person so intoxicated, and may do so without warrant, and take 
and retain him in custody, at the expense of the state, in any 
place Avithin the county, in the discretion of such officer, until, 
in the opinion of such officer, the person so detained is capable 
of testifying properly in a court of justice, and as soon as may 
be thereafter bring him before some justice of the county. 

Sec. 3815. The officer immediately after the arrest shall P''«s<^r»i'n? officer to 

,. ,1 n T /. 1 1 . y 1 T 1 /. , be notified and attend. 

give notice thereof and of the taking ot the disclosure of such 1874, No. 28. 

intoxicated person to a grand juror or city attorney of the town 

or city in which such intoxicated person is found so intoxicated, 

or the state's attorney of the county, and such grand juror, or 

such city attorney or state's attorney, shall attend at the taking 

of such disclosure. 

Sec. 3816. The person so found intoxicated shall, on oath Proceedings on discios- 
before such justice, disclose the place where and the person of?ssne; procTed'i^gs " 
whom the liquor so producing intoxication was obtained and i876!^No. 34 ; I874, 
the circumstances attendino^ it ; and if he does not disclose, he S- 28 ; g s! 94 ^^ 33; 

^ ' ' 1852, No. 24, 5 22. 



738 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

25Vt.26i. 46Vt. 176. may be committed by the iustice to the jail of the comity, at 
' ^^■^^^' ^^ \i.6tt. ^j^g expense of the state, until he so discloses or by said justice 
is discharged. If the justice adjudges from the evidence that 
the sale, furnishing, or giving away of said liquor was an 
offense against this chapter, he shall forthwith issue his warrant 
and cause the person so selling, furnishing, or giving away said 
liquor, to be brought forthwith before him, and the grand 
juror, city or state's attorney, summoned as provided in the 
preceding sections shall appear and prosecute said cause in the 
same manner as if he had been complainant in the same. 

Prior convictions Sec. 3817. lu sucli prosccutiou UDOU disclosurc if the per- 

proved to affect sen- 'iiii i- • , ^ t* • - 

tence; record. SOU couvictcd lias been oucc or uiorc tmies convicted ot a simi- 

1872, No. 4, ^ ^. |.^^. Qffgj^gg^ i\^Q justice, Oil production of the records or certified 
copies of the records of former convictions, shall sentence such 
offender as for a second or third conviction, as the case may be, 
without other pleadings ; and the justice in making his record 
shall state the facts of the former convictions and the dates of 
the same, which shall be a sufficient record of said conviction 
and sentence. 

SEIZURE AND CONDEMNATION OF LIQUOR. 

Sworn complaint of §^0. 3818. If three voters in a town make complaint, 

three voters. Warrant . i p . . . , ^ , 

to search; seizure; under oath or ammiation, before a justice in the county, that 
G^.T.^94, ^ 1,22; 1855, they have reason to believe and do believe that intoxicating 
No.^2^,^s^ 1 ; 1852, No. liquQi- jg kept or deposited in a dwelling house, store, shop, 
27 Vt. 194. 38 vt 387. steamboat, or water craft of any kind, depot, railroad car, or 
29Vt!343. 44VL208. ^^^^^ Carriage of any kind, ware-house or other building or 
31 Vt. 610. 47Vt. 407. place ill said town, and intended for sale, or distribution among 
others, by a person not authorized to sell or distribute the 
same, said justice shall issue a warrant to any sheriff or con- 
stable to search the premises described in such complaint ; and 
if intoxicating liquor is found therein under circumstances war- 
ranting the belief that it is intended for sale or distribution 
contrary to the provisions of this chapter, such officer shall 
seize the same and convey it to some proper place of security 
and keep it until final action is had thereon. 
Summons; hearing. Sec. 3819. The officer shall summou the owner or keeper 

Forfeiture ; delivery />ii. ./.■! -i • f> ^ ' ^ -i r- ^ 

unless. Condemnation; ot the liquor, it kuowii to liim, to appear tortliwitli beiore the 

destruction. Proof. • j- • • ii j_ t •/? vl • i i >• ^ i 

1874, No. 26; 1869, justicc issuuig the waiTaiit ; and it it is shown by satisiactory 
^o'tot^L^'o?' ?t% evidence that said liquor is intended for sale or distribution 

<^ 2 ; 18o3, No. 27, V? 4, .-'■. ^ i • -i i i t 

5; 1852, No. 24. fi2. contrary to the provisions ot this chapter, unless such liquor is 
44yt. 208. 48Vt.572. of foreign jiroduction and has been imported under the laws of 
* ^' ' the United States, and in accordance therewith, and is con- 

tained in the original packages in which it was imported, in 
quantities not less than the laws of the United States prescribe, 
such liquor and the casks or vessels in which it is contained 
shall be adjudged forfeited to the use of said town, and the 
same shall be delivered by such officer to the agent of such 
town, or if there is no agent to the selectmen, to be sold by 
him or them agreeably to the provisions of this chapter, unless 
such assent or selectmen on examination consider the same to 
be unfit either for medicinal, chemical or mechanical purposes 



Chap. 169.] SEIZURE OF LIQUOR. 739 

and make a certificate to that effect upon said warrant, and 
thereupon the same shall be adjudged condemned, and shall be 
destroyed under a Avritten order of said justice, and in his 
presence, or in the presence of some person appointed hy him 
and named in said order for that purpose, who shall join with 
the officer executing such order in certifying, upon the back 
thereof, the execution of the same ; and the custom house cer- 
tificate of importation, and proof of marks on the cask or 
packages in which such liquor is contained corresponding there- 
to, shall not be received as evidence that the liquor contained 
in such packages is that actually imported therein. 

Sec. 3820. If the owner, keeper or possessor of liquor so ^'otice if owner un- 
seized is unknown to the officer, it shall, upon being adjudged a°own* delivery ^>iien; 
forfeited, be advertised, with the number and description of the g.'s. 94,*^*Js*^23;*"i852, 
casks or packages, by posting up in some public place for two No. 24, ,j i3. 
weeks a written notice of the proceeding. And if it appears ^^ ^ ^' ^^^* 
within two weeks that said liquor is the property of a town in 
this state, and was so when seized, and had been purchased for 
sale by the agent of such town for medicinal, chemical and 
mechanical purposes only, the officer having the custody of 
such liquor shall, upon the order of such justice, deliver the 
liquor to the agent of the town whose property it is, taking his 
receipt for the same upon the back of said order, Avhich he 
shall thereupon return to said justice ; and if it does not so 
appear, such liquor shall be proceeded wdth as provided in the 
preceding section. 

Sec. 3821. A sheriff, sheriff's deputv, constable, select- Search without war- 

-, . . ., 1 , . f, J •" ji J • J • .• rant; seizure and ar- 

man or strand luror, it he has miormation that mtoxicatmo: rest ? proceeding's, 
liquor is kept with an intention to sell, or is sold in an}' tent, no 24, ris"^' 
shanty, hut, or place of any kind for selling refreshments in a 
public place, except dwelling houses, on or near the ground of 
a cattle show, agricultural exhibition, military muster or public 
occasion of any kind, shall search such suspected place without 
warrant ; and if such officer finds upon the premises intoxicat- 
ing liquor, he shall seize the same and apprehend the keeper of 
such pla(ie and take him, with the liquor so seized, forthwith or 
as soon as conveniently may be, before a justice of the town 
in wdiich the same is found ; and thereupon such officer shall 
make a written complaint under oath, and subscribed by him, 
to such justice ; and upon proof that the liquor is intoxicating, 
and that the same was found in the possession of the accused 
in a tent, shanty, or other place, with an intention to sell, he 
shall be sentenced to imprisonment for thirty days, and the 
liquor seized shall be adjudged forfeited and disposed of by 
order of said justice as before provided in this chapter. 

Sec. 3822. When the owner, keeper or possessor of in- claimant to me claim, 
toxicatmg liquor, seized under the provisions of this chapter, 
appears to make claim to such liquor, he shall file with the 
justice or court before whom the proceedings are pending, his 
claim in writing, setting forth his interest in the liquor and the 
causes why it should not be adjudged forfeited. 



1870, No. 56, ^S 1. 



740 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

Recogmzance to prose- Sec. 3823. The claimant shall, at the time of filino: his 

cute claim. i • -ii i i j • j • i 

1870, No. 56, § 2. claim With the court, enter mto a recognizance to the state, 
with sufficient sureties, in such sum as the court directs, con- 
ditioned that he will prosecute his claim to effect and pay the 
costs awarded against him. 
Re^cognizanceonap. Sec. 3824. No appeal shall be allowed to the claimant 

1870. No. 56, s^ 3; G. from the iudo'ment of the court, until he enters into a recoa'ni- 

S. 94, 6 25 ; 1852, No. , ;', ^, , -^r. xv • \- ^' • i xi 

24,^15. zance to the state, With suincient sureties, in such sum as the 

court directs, conditioned that he will prosecute his appeal to 

effect and pay the costs awarded against him. 

cfaSnt!' '^ *'^^'"'* Sec. 3825. If the judgment is against the claimant, the 

1870, No. 56, H; G. liquor and the casks or vessels containing the same shall be 

27,^6; 1852, No. 24,* adjudged forfeited, as before provided, and judgment shall be 

s^ 1^ rendered in behalf of the state against the claimant for all 

costs of prosecution incurred after the filing of his claim, to be 

taxed by the court. 

Appellant not preTaii- §£0. 3826. When the appellant, in a case arisinor under 

me, order tor disposal ,.1.^. .i i ,. ®. 

of liquor. this cuaptcr, tails to enter and prosecute his appeal, or is con- 

No'^24,^'^\6. ' ' victed, the county court to which such appeal is taken, or the 
court in which such appeal is finally decided, shall order the 
liquor seized upon the original complaint, or complaint and 
warrant, to be disposed of forthwith under the order of such 
court, as in case of liquor adjudged forfeited under an order of 
a justice. 
When liquor seized is g^^^ 3827. When liquor seized by an officer as intoxicat- 

replevied; custody and , . l . "^ . ,. i • • i ti 

disposal of. mg IS taken from his possession by a writ ot replevin, it shall 

No' io, ^ 1. ' ' not be delivered to the claimant, but shall be held by the 

^4 vt. 9. 47 vt. 407. replevying officer until the final determination of the replevin 

suit ; whereupon the same shall be delivered to the plaintiff in 

the replevin, if the judgment is for him, but otherwise it shall 

be delivered to the defendant in the replevin, or to such officer 

as has authority to hold or destroy the same under the original 

seizure proceedings. 

pr^Siu" s! *"* '^'''^ ^^^' 3828. No proceedings, except final execution, on 

G s. 94, sj 41 ; 1858, scizurc of iiitoxicatiiig liquor, shall be delnyed by a replevin 

46Vt. 395.47Yt.407. thereof, but such proceedings shall go on to final judgment as 

if no replevin had been commenced. 
artTSrtrldes!" ''^'"*^'" ^^^' ^829. Nothing in this chapter shall prevent a chem- 
G s. 94, s^ 24; 1852, ist, ai'tist, or manufacturer, in whose art or trade it may be 
°' *' ^ ^^' necessary, from keeping at his place of business such reasona- 

ble quantity of distilled liquor as he has occasion to use in his 
art or trade, but not for sale. 

penalty for TRANSPORTING INTOXICATING LIQUOR OR SOLICIT- 
ING ORDERS THEREFOR. 

Brinarin?, procurinfiT or g^c. 3830. If a pcrsou kiiowino^lv briiio^s within the state, 

transporting litliior for A. ^ ■ -i ... 

illegal use ; penalty, for another pcrsou excepting authorized agents, intoxicating 
No. 3, §3. ' ^ ' liquor to be used or disposed of in violation of law, or know- 
ingly procures or transports for another person, or know- 
ingly aids, assists or abets in procuring or transporting intox- 
icating liquor to be used or disposed of in violation of law, he 
shall forfeit twenty dollars and costs of prosecution, on the first 



Chap. 169.] CIVIL DAMAGE. 74i 

conviction, and on the second and each subsequent conviction 
tifty dollars and costs, and be imprisoned not less than three 
nor more than ten months. 

Sec. 3831 . If a railroad conductor, freight agent, express- carriers bringing or de- 
man, depot master, or other person in the employment of, or i^i^&c.VpeiiaHyl* ^*'^' 
connected with, a raih'oad corporation, or a teamster, stage ^^^^' ^°- ^^• 
driver, or common carrier, either in his own person or by an 
agent, knowingly brings into or delivers within the state, for 
another person, a barrel, cask, jug, box, or other vessel capable 
of holding intoxicating liquor, unless said barrel or other vessel 
is legibly marked with the name of the person to whom the 
article is sent, or to be delivered, the person so offending shall 
be fined not less than twenty-five dollars and costs of prosecu- 
tion. 

Sec. 3832. A person who acts as the agent of another Actinias agent for 
person, for the sale of intoxicating liquor, or who travels from orLrs'/aidiiff'ni sen- 
place to place, selling, furnishing, disposing of or giving away Jgf 4*§^ '25"^"[; 
intoxicating liquor, for another person, or who takes an order 
for another person, or who is instrumental in causing an order 
to be sent to another person, other than an authorized agent 
for the sale of intoxicating liquor, for intoxicating liquor, or 
who, directly or indirectly, aids, abets or assists another person 
to sell, furnish or give away, or dispose of intoxicating liquor, 
or who carries or exhibits or causes to be exhibited, a sample 
of intoxicating liquor, or gives, states, shows or indicates the 
Y)Y\ce of the same, with a view to induce a person to purchase 
such liquors, as said sample represents, shall forfeit upon the 
first conviction, one hundred dollars and costs of prosecution ; 
on the second conviction, three hundred dollars and costs of 
prosecution ; and on the third and subsequent convictions, five 
hundred dollars and the costs, and be imprisoned not more than 
six months ; but this section shall not prevent the selectmen 
from purchasing intoxicating liquor for the purposes set forth in 
this chapter. 

CIVIL DAMAGE. 

Sec. 3833. When a person, bv reason of intoxication, seiier iiai>ie for what 

•j • • Ti J /» and to whom : proceed- 

commits or causes an mjury upon the person or property ot ings. 
another, a person who by himself, clerk, or servant, unlawfully J^^o\^^°3 ^'^ ' ^^^^' 
sold or furnished any part of the liquor causing such intoxica- 47 vt.'537. 49Yt.426. 
tion, shall be liable to the party injured for the damage oc- *^ ^'^' ^^^- ^o^'^-i^^^- 
casioned by the injury so done, to be recovered in the same 
form of action as such intoxicated person would be liable to ; 
and both such parties may be joined in the same action. In 
case of the death or disability of a person, either from such 
injury or in consequence of intoxication from the use of liquors 
so unlawfully furnished, a person who is in any manner de- 
pendent on such injured person for means of support, or a 
person on wdiom such injured person is dependent, may recover 
from the person unlawfully selling or furnishing any of such 
liquor the damage or loss sustained in consequence of such 
injury. Coverture or infancy shall be no bar to proceedings 



742 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

for recovery, and no person shall be disqualified as a witness, 
by reason of the marriage relation, in a proceeding under this 
section. 
Seller's liability to Sec. 3834. Whenever any person is confined in jail, the 

nite or child of man , ,. . , "^ \ , ,..'.. 

imprisoned for driiiikeii house ot corrcction or State s prisou, by reason or intoxication 
1880, No. 15, \^ 1. or of any criminal act done while intoxicated, the wife of such 
person in her own name and, in case such person has no wife, 
his minor child or children, may in an action on the case upon 
this statute recover of the person who by himself, clerk, servant 
or agent, illegally sold, furnished or gave to such person any 
part of the intoxicating liquor upon which such person became 
intoxicated, the sum of one dollar per day for all the time such 
person may be thus confined, to be recovered at the end of 
such confinement or at the end of each month of such confine- 
ment, 
.ludarnieiit; close jail Sec. 3835. Whcii auv iudfrmeut is rendered by any court 
1880, No. lo, ^s 2. in an action founded on section one of this act [§ 3834], such 
court shall adjudge that the action was founded on tort and 
that the cause of action arose from the wilful and malicious act 
or neglect of the defendant, and shall order that he be con- 
fined in close jail upon a close jail execution. 

ABATEMENT OF NUISANCES UNDER THIS CHAPTER. 

I;ZThei("to'ber' ^^-^' 3836. Every saloon, restaurant, grocery, cellar, shop, 

1880, No. 14, ^s 1; 1876, billiai'd-room, bar-room and every drinking place or room used 

^o^vt 4^'^ 59 vt 4^1 '"^^ ^ place of resort, wdiere intoxicating liquor is unlawfully 

50vt.644! 52 vt. 476! sold, furuislied or given away, or kept for selling, furnishing 

or giving away unlawfully, and every place or room used or 

resorted to for gambling, shall be held to be a common nuisance, 

kept in violation of law. 

On proof adjiHi£?ed jSec. 3837. When, upoii trial, it is proved that intoxicat- 

sdch, ordered shut up . ,. . , , ^ i /• i i /. • i • • • 

and abated. Penalty iiig liquor IS kept tor uulawtul salc, lurnishiiig or giving away, 
i880,^No"f4, «j 2 ; 1876, 01' i^ Unlawfully sold, furnished or given away in a place named 
No. 33, >^N^ 2, 3. [yi the preceding section, or that gambling is done in such place, 

the court shall adjudge such place to be a common nuisance, and 
the same shall be shut up and abated by the order of the court ; 
and the person keeping the same shall be adjudged by the 
court guilty of keeping and maintaining a common nuisance, 
and shall be fined not less than twenty dollars nor more than 
two hundred dollars, or he shall be lial)le to a fine not exceed- 
ing twenty dollars, and imprisonment not less than one month, 
nor more than three months, in the discretion of the court. 
?J'o,®'*/.*^'* f !''*.^o"^Vo-^ Sec. 3838. Upon the conviction of the respondent for 

1880, No. 14, ^N 3 ; 18/b, , . -, . . t . -, . ,, j i 11 

No. 33, ^ 5. keeping and maintaining such common nuisance, the court shall 

in addition to the ordinary mittimus in criminal cases, issue an 
order for the shutting up and abatement of such nuisance. 

P'^*'® *?*"V^'**!*'^,-o-. Sec. 3839. The same place shall be ao-ain shut up and 

1880, No. 14, H;18"6, i ^ i • ^i ^ i ^^ . • .• ^• 

No. 33, ^ 5. abated m the same manner, on any subsequent conviction or 

any person of keeping the same as a common nuisance. 
pSy?" '''"'*' ^'^®"' Sec. 3840. The place so closed shall not be re-opened by 
1880, No. 14, ^ 5 ; 1876, the person convicted as the keeper thereof until he files with 
No. .33, ^ 2. ^j^^ court a bond to the state, with sufficient surety or sureties, 



Chap. 169.] ABATEMENT OF NUISANCES. 743 

in the sum of not less than three hundred dollars nor more 
than five hundred dollars, conditioned that he will not there- 
after keep for unlawful sale, furnishing or giving away, nor 
unlawfully sell, furnish or give away therein intoxicating liquor, 
nor sutler gambling to be done therein. And if the person so 
convicted re-opens or re-occupies such place before giving such 
l)ond, he shall be lial)le to a tine of ten dollars, pa^^able to the 
state, for each day in which he keeps open such place before 
giving such l>ond, with costs of prosecution. 

Sec. 3841. The state's attorney, when such a bond is for- Prosecution of hoiKL 
feited, shall prosecute and recover the amount so forfeited, ouno. 33,°§2, ' ' ' 
behalf of the state, and when such duty is neglected hy the 
state's attorney for six months after l)eing notihed of such for- 
feiture, any other person may institute proceedings for such re- 
covery in an action of debt in the name of the state, and such 
person upon the recovery and the payment of such amount into 
the state treasury, shall be allowed one-half of the amount 
thereof. 

Sec. 3842. A person, being a tenant or occupant of a Tenant keeping mii- 

i.,T , , , 111* 1 'J- sance, owner's rights. 

buildmg or tenement not owned by h mi, who uses it or any isso, No. 14, ^ 7. 
part thereof for any purpose named in the first section of this 
act [§ 3836], shall forfeit his right thereto, and the owner 
thereof may make immediate entry without process of law, or 
may have the same action against such tenant or occupant for 
the possession that he might by law have against a tenant hold- 
ing over after the expiration of a lease or after a breach in the 
conditions of a lease, or may enforce his right to the possession 
by any other proper lawful process, and may recover of such 
tenant all damages arising from the termination of such tenancy 
in an action on the case. 

Sec. 3843. A person who knowingly lets a building, tene- Lessor perm ittinarnui- 
ment, place or room, owned by him, or under his control, for isSo^ nq" uf J 8- 
any of the purposes named in the first section of this act 
[§ 3836], or knowingly permits the same or part thereof to be 
so used, shall be fined not less than twenty dollars, nor more 
than two hundred dollars. 

Sec. 3844. Justices of the county shall have concurrent Jurisdiction. Disposal 
jurisdiction with the county court of olienses under sections isso^No. 14, s^ 9' 
two and five and eight of tliis act [§ § 3837, 3840, 3843] . All 1876, No. 33,' ,s 4.' 
fines and penalties recovered under this act, except as herein 
provided, shall go to the state. 

Sec. 3845. The phrase " intoxicatinof liquor," where used "intoxicating liquor" 
in this act [§§ 3836 to 3845, 3865, 3866,] shall be held to in- stmedf 
elude all spirituous intoxicating liquors, or mixed liquor of ' o- ' ^ - 
which a part is spirituous or intoxicating, all malt liquors and 
laofer beer. The word "gambling" where used in this act 
[§1 3836 to 3845, 3865, 3866,] shall be held to include all 
playing at cards, dice tables, billiards, or any other game for 
money or other valuable thing. 



744 



TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 



Lianor dealer's dis- 
ability as juror. 

G. S. 94 J 20 ; 1852, 
No. 24, ^ 10. 



Order of trial ; iiol. 
pros, or continuance. 

1872, No. 24, ^Sl; G. S. 
94, § 21 ; 1852, No. 24, 



Prior conviction to b€ 
alleifed ; how. 

G. S. 94, s^ 28 ; 1852, 
No. 24, s^ 18. 
35Vt.570. 36Vt.667. 



tirand jury to present. 

G. S. 94, ^ 35 ; 1852, 
No. 24, ^^ 24. 



Jury trial ; special ver- 
diet. 

G. S. 94, ^^ 36 ; 1853, 

No. 27, ^^ 7. 



Official neglect ; pen- 
alty. 

G. S. 94, «,^ 42 ; 1856, 
No. 3, ^^ 1 ; 1853, No. 
21, s^ 6; 1852, No. 24, 

S^ 23. 



State's attorney set- 
tling; penalty. 

1856, No. 3, ^2; 1853, 
No. 27, $6; 1852, No. 
24, § 25. 



MISCELLANEOUS. 

Sec. 3846. No person engaged in unlawful traffic in in- 
toxicating liquor shall sit upon a jury in a case arising under 
this chapter, and when information is communicated to the 
court that a meml)er impaneled upon such jury is believed to 
be engaged in such traffic, the court shall inquire of him as to 
the truth thereof; and no answer that he makes shall be used 
against him in a case arising under this chapter; but he may 
decline to answer, and in that case he shall be discharged from 
the panel ; and if he answers falsely, he shall be incapable of 
serving upon any jury thereafter. But no verdict against a 
respondent shall l3e vitiated because such person was upon the 
jury by which it was rendered. 

Sec. 3847. Cases arising under this chapter shall take 
precedence of other trials in the court in which they are pend- 
ing, except those in criminal cases where the respondents 
are under arrest ; and neither the court nor prosecuting 
officer shall enter a nolle prosequi, or grant a continuance in 
a case arising under this chapter, either before or after the 
verdict, except where in their opinion the purposes of justice 
require it. 

Sec. 3848. In prosecutions for ojffenses against the pro- 
visions of this chapter where a prior conviction is relied upon 
to increase the sentence, it shall be set forth in the complaint, 
information, or indictment; and it shall be sufficient in such 
case to set forth in substance the fact of such prior con- 
viction, the offense for which the conviction was had, and 
the time and place at which, and the court by and before 
which it was had. 

Sec. 3849. Grand juries shall inquire into and present the 
violations of this chapter not otherwise prosecuted as herein- 
before provided. 

Sec. 3850. In trials for offenses 
respondent may have a trial by jury 
jury on conviction shall return a 
where it is necessary to enable the 
sentence. 

Sec. 3851. When a justice, grand juror, constable, select- 
man, county commissioner, sheriff*, sheriff's deputy, state's 
attorney or other officer whose duty it is to enforce any of the 
provisions of this chapter, does not, on proper application being 
made to him, perform faithfully his duties as specified in this 
chapter he shall be prosecuted by indictment or information of 
the state's attorney and fined not more than one hundred dol- 
lars and not less than twenty dollars. 

Sec. 3852. If a state's attorney, having charge of a case 
for the violation of the provisions of this chapter, settles or 
off'ers to settle with or release the respondent in such case, 
before the court determines the same, he shall be fined not 
more than five hundred dollars and not less than three hundred 
dollars. 



against this chapter the 
and upon such trial the 
special verdict in cases 
court to pass the proper 



Chap. 169.] FEES — FORMS. 745 

Sec. 3853. If a town, by its treasurer or selectmen, or Town refunding fine; 
otherwise, directly or indirectly refunds or pays back to a per- g"s. 94, ^^ 46; 1856, 
son a line or money received for the violation of this chapter, ^^- *' ^^ 2- 
such town shall forfeit one hundred dollars ; and the state's 
attorney shall prosecute for the same. 

Sec. 3854. In prosecutions before a justice for violations Accounts, uow audited, 
of the provisions of this chapter, the costs shall be audited Q%%f\'^^'\llf' 
and allowed by the court auditor for the county and paid from no, 4, ^s'l. ' ° ' 
the state treasury as provided in other cases, where, in prose- 
cutions before a justice, the costs are to be paid out of the state 
treasury. 

Sec. 3855. One-fourth of the fines mentioned in sections one-fourtu of fine to 
3561, 3569, 3572, 3579, 3582, 3599, 3616 and 3617 [§ 3791, ?86rNo.l 
3799, 3802, 3809, 3812, 3830, 3851, 3852] shall go to the 
complainant when complaint is made, otherwise to the prose- 
cuting oificer. 

Sec. 3856. In prosecutions under this chapter no person witness's testimony 
other than the respondent shall be excused from testifying be- ^87? No.ls'^"*''''^* 
cause his testimony may criminate or tend to criminate him- 
self. Such testimony shall not be used against the person 
giving it in any proceeding against him, civil, or criminal, ex- 
cept in a prosecution for perjury committed in giving such 
testimony. 

Sec. 3857. Complaints, informations or indictments and '^^^^»^}5'^«»|«*i'^Tved. 
declarations in actions of debt, founded on the provisions of this 36 Yt. 563. 
chapter, may be amended before or on trial by the court before 
Avhich the same is pending, Avhether by original entry or appeal, 
except as to matters of substance. 

fees. 
Sec. 3858. In addition to the fees now allowed by law Amount of ; how taxed, 
thirty-four cents shall be allowed to the justice for making a 94, ^n' 31 ; 1852, No. 24, 
bond required by this chapter, thirty-four cents for an order ^^ ^^• 
for the forfeiture or destruction of liquor, fifty cents for attend- 
ing such destruction ; to an officer serving a warrant or process 
for seizing intoxicating liquor, or seizing the same under sec- 
tion 3590 [§ 3821], and apprehending the keeper, one dollar; 
for removing such liquor and keeping the same, his actual ex- 
penses ; for destroying liquor under the order of the court, and 
making his return of each order, one dollar ; for posting up 
the notices required in section 3623 [§ 3858*], one dollar; and 
to a prosecuting officer, in case of conviction before a justice, 
except when the complaint is for intoxication and the respon- 
dent pleads guilty, two dollars ; which are to be taxed and so 
allowed in the bill of costs against the respondent. 

FORMS. 

Sec. 3859. Complaints for any ofiense against section complaints under §§ 
3572 [§ 3802] shall be substantially in the following form : 0.1:91^^28; 1852, 

No. 24, J^ 18. 

* The revisers' report to the general assembly shows that the reference 27 yj' 593' 41 vt'egi' 

to section 3023 should have been to section 3589, but the correction was not 36 Vt ,56o' 43 Vt "^fi")* 

made ; had it been, the bracketed reference would be § 3820 instead of § 3858. 36 Yt! 503'. 47 Vt. 493*. 

39yt.370. 52Vt. 376. 



746 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

State of Vermont, ) 

County, ss. 5 To A. B., justice of the peace tor 

the county of , comes CD., grand juror of the town 

of , in said county, and complains that E. F., of , 

on the day of- , A. D. — ■■ , at , did at 

divers times sell, furnish, or give awa^^, (as the case may be,) 
intoxicating liquor, without authority, contrary to the form of 
the statute in such case made and provided, and against the 
peace and dignity of the state. 

C. D., Grand Juror. 
And the justice to whom such complaint is made shall certify 
thereon, substantially as follows : 

This complaint, exhibited to me this day of , 

A. D. . 

A. B., Justice of the Peace. 
And for the offense of becoming a common seller, or manu- 
facturer, the complaint shall be in substantially the same form, 
inserting the words " became a manufacturer of " or " common 
seller of" in lieu of the words "did at divers times sell, fur- 
nish, or give away." 
In^lSlllTtt^^^^^"" ^EC. 3860. tinder the foregoing complaint, every distinct 
G. s. 94,sS30; 1852, act of Selling, furnishing or giving away may be proved and 
^* ' '^ ' the court shall impose a fine for each offense, or, if the number 

exceeds five and not ten, the respondent shall be adjudged a 
common seller and be subjected to the penalties provided in 
section 3580 [§ 3810]. 
Sn"of de'iltr"*' '" ^E^- 3861. In informations, indictments and declarations 
G. s. 94, sj 30; 1852, in actious of debt founded upon this chapter, the description of 
^' " ' ^ ' the offense may be substantially [in] the same form so far as 

the case will admit. 
Complaint and warrant Sec. 3862. The complaiut and Warrant for the scarch for 

tor search and seizure. . ^ .ii • orr.r'rfor^-.o-i 

G. s. 94, ^ 29; 1855, aiid scizurc 01 liquor, as required oy section 3o8/, [§ 3818] 

Jz'^vt.'ay! 44 vt208. ^h^ll be in substance in the form following : 

3ivt.6io. 47Vt.407. State OF VERMONT, > To A. B., justicc of the peace, with- 

County, ss. 3 in and for the county of , afore- 
said, come C. D., E. F., and G. H. , voters in the town of 

, in said county, and complain that they have reason to 

believe and do believe that intoxicating liquor is by kept 

or deposited in, \Jiere describe the place to he searched,'] and by 

, then and there in the town of , intended for sale, 

furnishing, gift, or distribution, contrary to the form of the statute 
in such case made and provided, and against the peace and 
dignity of the state : and we therefore pray that a warrant of 
search may issue in the premises. 

Dated at , this — day of , A. D. . 

The above named C. D., E. F., and G. H., exhibited this 

complaint to me, and made oath to the truth thereof this 

day of , A. D. . 

Before me, A. B., Justice of the Peace. 

State of Yermont, ) To any sheriff or constable in the state, 

County, ss. \ Greeting : 

Whereas, complaint has been made to me upon oath, as 



38 Vt. 387. 



Chap. 169.] FORMS. 

above written, therefore, hy the authority of the state of Ver- 
mont, you are hereby commanded forthwith to enter and search 
the premises above described, to wit : [ here JoUoivs the descrip- 
tion of the premises as above,'] and if any such intoxicating 
liquor is found therein, under circumstances warranting the be- 
lief that it is intended for sale, furnishing, gift, or distribution, 
contrary to the laws of this state relating to the traffic in intox- 
icating liquor for the purpose of drinking, — you are further 
commanded to seize it, and convey the same to some proper 
place of security, and the same keep until tinal action is had 
thereon, and to summon the owner or keeper of said liquor, 

(if he is known to you,) to appear before me at , and 

show cause, if any he has, why the said liquor should not be 

adjudged forfeited and be dealt with according to the 

statute in such case made and provided : and for so doing this 
shall be your sufficient warrant. 

Hereof fail not, but of this complaint and warrant, with your 
doinos thereon, make return accordino^ to law. 

Given under my hand at , in said county, this 

day of , A. D. 



A. B., Justice of the Peace. 

r^A Order! 

94, ^S 30 ; 18.55, 



Sec. 3863. The order for the destruction of liquor seized g';*^|^'^''" 'i^^t^-^-^'^"' 



and declared forfeited, under section 3588 [§ 3819] shall be in No. 2 
i5ubstance in the form following : 

State of Yekmont, ^ To any sheriff or constable in the state, 
Countij, ss. 5 Greeting : 

AVhereas, the following described spirituous or intoxicating 
liquor, to wit : [^here describe the liquor,'] has been seized on a 
warrant of search, issued by A. B., a justice of the peace for 

the county of , upon complaint of C. D., E. F., and G. 

H., legal voters in the town of , by virtue of and in ac- 
cordance with the provisions of section twenty-two of this 
chapter [§ 3819], in the town of in ; 

And whereas, , as the owner or keeper of said liquor 

seized as aforesaid, having been duly summoned to appear be- 
fore me as the law directs, did (or did not) appear, and on the 
hearing of the case it was not shown by satisfactory evidence 

to the — that said liquor is of foreign production, that it 

has been imported under the laws of the United States, and in 
accordance therewith, that it is contained in the original pack- 
ages in which it was imported, and in quantities not less than 
the laws of the United States prescribe ; and whereas, in the 

opinion of the , said liquor was kept or deposited, and 

intended for sale, furnishing, gift or distribution, contrary to 
the chapter aforesaid ; said liquor has been by the ad- 
judged forfeited and ordered to be destroyed, in pursuance of 
the provisions of this chapter. 

You are, therefore, by the authority of the state of Yermont, 

hereby ordered to destroy said liquor in the presence of , 

who has been duly appointed to witness the destruction thereof, 
and for so doing this shall be your sufficient authority and war- 
rant. 



748 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

Hereof fiiil not, but of this order and warrant, with your 
doings thereon, make return according to law. 

Given under my hand at , tliis day of , 

A. D. . A. B., Justice of the Peace. 

And in cases arising under section 3590 [§ 3821] the com- 
phiint shall follow the same form, substantially, as far as the 
word "complains," and then proceed, in substance, as follows : 

That E. F., of , on the day of — ■ , A. D. 

, kept with intention to sell, \or sold^ as the case may 

he, in (describing the place)'] near \_describing the public occa- 
sion,'] in said county, the intoxicating liquor seized by me, and 
here produced, namely, \_describing the same briefly] contrary 
to the form, &c., following the said form first mentioned. 
Warrants oiMHsciosure. Sec. 3864. The warrant provided for in section 3585 
No. 27, ^^^11/12. ' [§ 3816] shall be in substance in the following form : 

State of Vermont, ) To any sheriff or constable in the 
County, ss. 5 state. Greeting : 

Whereas, A. B., having been arrested while in a state of 
intoxication, and brought before the subscribing authority, has 
disclosed that the liquor whereby such intoxication was pro- 
duced, was obtained from C. D., of , at , on or 

about the day of , A. D. — ; and whereas 

it appears to the subscribing authority, from the disclosure of 
said A. B., that the furnishing of such liquor by said C. D. to 
said A. B. was an offense against the law relative to the trafiic 
in intoxicating liquor, therefore. 

By the authority of the state of Yermont, 3^ou are nereby 
commanded to arrest the body of the said CD., and have him 

forthwith before the subscribing authority, at , to make 

answer to the charge so preferred against him, and abide such 
order, direction and decree therein as to said court shall seem 
meet in the premises. 

Given under my hand at , this day of , 



A. D. — . 

And the warrant of commitment for refusing to disclose 
according to the requirements of said section shall be, in sub- 
stance, in the following form : * 

State of Vermont, ) To any sherifi' or constable in the 
County, ss. 5 state. Greeting : 

Whereas, A. B., sherifi" of the county of , \or con- 
stable, or grand juror, or justice of the -peace, or selectman of 

the town of] , on the day of , A. D. 

, at , in said county, brought before me, C. D., a 

justice of the peace within and for said county of , said 

, charging him, the said , with having been found 

intoxicated and disturbing the public (or domestic) peace or 

tranquillity of , aforesaid on the day of , 

A. D. , and the fact being found by me that the said 

had been intoxicated, and had disturbed the public (or 

domestic) peace and tranquillity, he Avas by me ordered to dis- 
close, under oath, the place where and the person of whom the 
liquor so producing intoxication was obtamed, and the attending 



Chap. 169.] FORMS. 749 

circumstances, agreeably to the law relative to the traffic in 

intoxicating liquor ; and the said having neglected and 

refused so to do, therefore, 

By the authority of the state of Vermont, you are hereby 
commanded to .take the body of the said , and him com- 
mit to the keeper of the jail in , in the county of 

aforesaid,, within the said prison, who is hereby com- 
manded to receive the said , and him safely keep until 

he makes such disclosure, or is discharged by me, or otherwise 
by order of law. 

Hereof fail. not and due return make. 

Given under my hand this day of , A. D. 

. CD., Justice of the Peace. 

Sec. 3865. Complaints relating to nuisances under section complaint for keeping 
one of this act [§ 3836] shall be substantial 1}^ in the following ""so! No. 14, y^ lO; 
form, and the same may be amended in the discretion of the 1876, No. 33, ;^ 5. 
court, either in form or substance, at any stage of the pro- 
ceedings : 
State of Vermont, > To A. B., justice of the peace, Avithin 

County^ ss. 5 '^^^^ ^^^ ^^ county of -^ , comes C. 

D., grand juror of the town (or city) of , in said county, 

and complains that E. F., of , in said county, hereto- 
fore, to Avit, on the day of , A. D. , at 

, in said county, did unlawfully keep and maintain a cer- 
tain place or room used as a place of resort, called and knoAvn 
as a \liere give the name of the place or room, whether saloon^ 
bilUard-roo7n, bar-room or otlterwise'], situated \Jiere give the 
location with reasonable certainty'], in the toAvn (or city) of 

, in said county, in which, then and there, intoxicating 

liquor Avas kept for unlaAA'ful sale, furnishing or giAdng aAvay 
[or ^oas unlaiifidly sold, furnished or given away, as the case 
may be] , [_or which loas resorted to and used for gambling, as the 
case may be] , to the common nuisance of all the good people 
of this state, contrary to the form of the statute in such case 
made and provided, and against the peace and dignity of the 
state. . CD., Grand Juror, 

And the justice to whom the'complaint is made shall certify 
thereon substantially as folloAA^s : 

" This complaint exhibited to me this day oi , 

A. D. . A. B., Justice of the Peace.'' 

Sec. 3886. The order mentioned in section three [§ 38381 order to abate nui. 
shall be substantially in the form following : i8S0,*No. w, ^s ii; 
State of Vermont, ) To any sheriff or constable in the ^^'^^' ^^' ^^' ^- ^" 
County, ss. > *tate. Greeting: 

Whereas, E. F., of , in said county, AA^as on the 

clav of , A. D. , before the undersigned, a 



justice of the peace in said county, convicted of keeping and 
maintaining a place of resort, called and knoAvn as a [^here 
describe the place, giving its name and location as in the com- 
plaint], Avhich has been adjudged a common nuisance and 
ordered to be abated. 



50 TRAFFIC IN INTOXICATING LIQUOR. [Title 30. 

Now, therefore, by the authority of the state of Vermnnt, 
you are hereby commanded forthwith to abate such nuisance, 
by shutting up the place aforesaid, upon giving the said E. F. 
reasonable notice to remove whatever goods and effects he may 
lawfully possess therein; and upon shutting up such place, you 
will post upon the door or main entrance to the' same, a notice 

in words as follows: "Closed against E. E. of -, by 

order of A. B., justice of the peace," and sign such notice in 
your official capacity. 

Hereof fail not, but of your doings hereon make due return 
according to law. 

Dated at , in said county, this day of , 

A. D. . 

A. B., Justice of the Peace. 



COSTS OF DISCLOSURE, HOW TAXED. 

^'osjsjjf f'isciosure^^^^ Sec. 1741. When a persou, arrested for being intoxicated, 

cution uiereon. aud brouo^ht before a iustice to disclose, does disclose and the 

"" ' ^ * person furnishing the liquor producing such intoxication is, in 

pursuance of such disclosure, fined therefor, the costs of such 

disclosure shall be taxed as part of the costs of prosecution 

against the person so fined. 

SUPPRESSION OF SALE AT DRILLS. 

rS"at7riiis!''^® ""^ ^^^' 3786. The commanding officer of an organization 
1872, JSo. 1, s^ 34. may, upon a da}'- of drill or discipline of his conmiand, suppress 
the sale or distribution of intoxicating liquor, beer or ale, by 
the arrest of parties offending, and seizure of such liquor, 
beer or ale ; and he may place a guard so as to prevent the ap- 
proach of a person to a place where there is suspicion that 
liquor, beer or ale is being sold contrary to law, in the town 
where such drill or discipline takes place. 

SUPPRESSIOX OF SALE NEAR CAMP-MEETINGS. 

Sfsforbuwii!''"*'''* ^^<^- 4317. If a person within two miles of a place where 
G. s. 93, ^7; 1840, a cauip-meetiuoj is held for relio:ious worship, and durino- the 

Nn fi • T? S 8'^ S^" 

8; 1827, No.' 257^2;' continuauce of such meeting, sells or offers for sale spirits or 

1819, p. 20. spirituous liquors, or exhibits shows or plays, or promotes or 

aids horse-racing or gaming, or sells or offers for sale victuals, 

drink, or merchandise, he shall be fined not more than forty 

dollars and not less than five dollars, to the use of the town 

in which such meeting is held ; but this section shall not 

prevent licensed retailers, innkeepers, or other persons from 

pursuing their ordinary business at their usual place of doing 

business, nor prevent a person from selling victuals in his own 

house. 

Jurisdiction. Prose- Sec. 4318. Justiccs of the couuty shall have concurrent 

1863*,"no. 9; G. s. 93, jurisdiction with the county court of offenses under the preced- 

^^8,9; R. s. 82, s^j9, jng scctiou to the extent of fining the respondent twenty dol- 

1819, p. 21. °' ^ ' Ifti's? or may bind him over for trial. Prosecutions for such 



TRAFFIC IN INTOXICATING LIQUOR. 

offenses shall be commenced within thirty days after the com- 
mission of the offense, and not after. Presentment shall be 
made by constable and grand jurors of the town. 

Sec. 4319. The president, vice-presidents and trustees of who may act as special 
a camp-meeting association organized in pursuance of law, may 1874^^0 65 
act as a special police at any camp-meeting held by the associ- 
ation, and withm two miles of the camp-meeting grounds, 
during the continuance of the camp-meeting, with the same 
power as is given to constables, to seize spirituous liquors, to 
demand assistance, and to arrest disorderly persons and detain 
them in custody until proper trial can be had ; and such per- 
sons so authorized shall, before acting as such special police, 
be sworn, and while on duty shall wear a badge of of&ce. 



INDEX. 



Note.— Sections 1741 and 3786 follow section 3866. 






I 



INTOXICATING LIQUOR, TRAFFIC IN, §§ 3787-386G. 
county commissioner, §§ 3787-3791. 

when to be choseu ; warning ; certificate of votes, § 3787. 

time of voting for ; boxes and canvassing votes in cities, § 3788. 

count}'- clerk to canvass votes, and certify and proclaim election, § 3781>. 

term of office; compensation, § 3790. 

bribery in appointing agent, § 3791. 

penalty for neglect of duty, § 3851. 
town agent, §§ 3792-3799. 

appointment, compensation and term of office of, § 3792. 

certificate of authority and bond of, § 3793. 

not to purchase liquor, § 3794. 

selectmen to furnish with liquor and fix prices, § 3794. 

to pay proceeds of liquor into town treasury, § 3794. 

pay of, not to depend on sales ; penalty, § 3795. 

acting before pay fixed, liable, § 3796. 

selling at exorbitant profit, license to be annulled, § 3797. 

complaints to commissioner against, hearing on, § 3798. 

revocation of appointment and prosecution of bond of, § 3798. 

penalty for procuring liquor of by false pretences, § 3799. 
prohibition of manufacture and sale, §§ 3800-3809. 

general prohibition, § 3800. 

" intoxicating liquor," includes what, § 3800, 

"furnish," construed, § 3800. 

" give away," application limited, § 3800. 

communion wine, cider, native wine, and liquor for maker's use, excepted, 
§ 3800. 

selling cider, &c., at public resort or to drunkard, § 3800. 

payments on illegal sale of liquor may be recovered back, § 3801. 

liquor or its value not recovered, unless lawfully bought or sold, § 3801. 



1056 INDEX TO THE REVISED LAWS. 

INTOXICATING LIQUOR, TRAFFIC IN — continued, 
prohibition of manufacture and. sale — continued. 

unlawfully selling, furnishing, or giving away liquor or cider, § 3802. 

keeping with intent to so dispose of it, § 3802. 

concurrent jurisdiction of justices and county court, § 3803. 

prosecuting officers, § 3803. 

action of debt given to recover forfeiture, § 3803. 

alleging prior convictions, § 3804. 

only one count required ; no costs for more, § 3805. 

plea of guilty, to state numl)er of offenses, § 3805. 

may be accepted or rejected, § 3805. 

offenses held committed when alleged unless specified in, § 380G. 

judgment on, no bar for offenses not specified or alleged, § 3807. 
number of offenses how ascertained on judgment on demurrer, § 3808. 
selling, &c., adulterated liquor, how punished, § 3809. 
giving liquor to a freeman to influence his vote, § 4294. 

BECOMINa A COMMON SELLER, §§ 3810, 3811. 

penalty, when and how recovered, § 3810. 
concurrent jurisdiction of justices and county court, § 3810. 
conviction limited as to number of offenses, § 3811. 
no bar as to other offenses, § 8811. 

TRANSPORTING OR SOLICITING ORDERS FOR LIQUOR, §§ 3830-3832. 

bringing, procuring or transporting liquor for illegal use, § 3830. 
bringing or delivering unmarked barrel, &c., by carrier, § 3831. 
acting as agent for dealer, soliciting orders, aiding in selling, &c., § 3832. 

SELLING AT OR NEAR CAMP-MEETINGS, §§ 4317-4319. 

selling or offering to sell within two miles of camp-meeting, § 4317. 

concurrent jurisdiction of justices and county court, § 4318. 

limitation of prosecutions, § 4318. 

constables and grand jurors may present, § 4318. 

powers of special police in making seizure, § 4319. 

SELLING AT DAYS OF DRILL OR DISCIPLINE OF MILITIA, hoW Suppressed, § 378G. 

proceedings against intoxicated person, and on disclosure, §§ 3812- 

3817. 
intoxicated person, may be fined, § 3812. 

convicted, court may delay mittimus against, § 3813. 
may be arrested without warrant ; held for disclosure, § 3814. 
to disclose on oath before a justice, § 3816. 
not disclosing, to be committed, § 3816. 

to town or village lock-up, when, § 4459. 
disclosure, to be on oath before a justice, § 3816. 

prosecuting officer to be notified and attend, § 3815. 
prosecution of person selling, «&c., on, § 3816. 
proving prior convictions to affect sentence, § 3817. 
costs of, included in costs of prosecution thereon, § 1741. 
seizing and condemnation of liquor, §§ 3818-3829. 
liquor, complaint and warrant for search for, § 3818. 

used in certain arts or trades, may be kept for use, § 3829. 
seizing and keeping, § 3818. 
owner of, if known, to be summoned, § 3819. 
forfeiture of, on hearing, unless, § 3819. 
if fit for use, delivered to town agent, § 3819. 
if unfit for use, condemned and destroyed, § 3819. 
owner of, unknown, notice to be given after forfeiture, § 3820. 
liquor if lawful property of a town, given up, § 3820. 
if not, disposed of as in other cases, § 3820. 
replevied, how kept and disposed of, § 3827. 

proceedings on seizure, except execution, not delayed, § 3828. 




INDEX TO THE REVISED LAWS. 1057 

INTOXICATING LIQUOR, TRAFFIC IN— continued, 
seizing and condemnation of liquor — continued. 

SKARCII AND SEIZURE WITHOUT WARRANT, §§ 3821, 4319. 

arrest of keeper; complaint to justice, § 3821. 

keeper found guilty to be sentenced, § 3821. 

disposal of liquor, § 3821. 
CLAIMANT, to file claim, § 3822. 

to give recognizance for prosecution and costs, § 3823. 

appeal by, recognizance required on, § 3824. 
judgment on, if against claimant, § 3825. 
disposal of liquor held on, § 3826. 
civil damage, §§ 3833-3835. 

seller liable for what and to whom, § 3833. 
coverture or infancy no bar to proceedings, § 3833. 
witness not disqualified by marriage relation, § 3833. 
liability of seller to wife or child of prisoner for drunken act, § 3834. 
close jail execution on judgment for wife or child, § 3835. 
abatement of nuisances, §§ 3836-3845. 
common nuisance, what held to be, § 3836. 

adjudged such and ordered shut up and abated, § 3837. 

penalty for keeping, § 3837. 

order for abatement of, § 3838 . 

place may be again abated as, § 3839. 

not to be re-opened by convict till bond filed, § 3840. 

penalty for re-opening or re-occupying without filing l)ond, § 3840. 

bond given on re-opening, how prosecuted, § 3841. 

owner's rights against tenant keeping, § 3842. 

penalty for letting or permitting premises to be used for, § 3843. 
concurrent jurisdiction of justices and county court, § 3844. 
" intoxicating liquor," and " gambling " construed, § 3845. 
miscellaneous provisions, §§ 3846-3858. 

liquor dealer, cannot serve on jury in cause under liquor law, § 3846. 

examination of, when impanelled on jury in such case, § 3846. 

answering falsely, disqualified for serving on any jury, § 3846. 

verdict not vitiated because a juror was a, § 3846. 
cases under liquor law to take precedence of others, § 3847. 

nol. pros, not to be entered in, except, § 3847. 

continuance not granted in, except, § 3847. 
prior convictions to be alleged, and how, § 3848. 
grand jury to present violations not otherwise prosecuted, § 3849. 
trial by jury ; special verdict, § 3850. 
penalty for official neglect, § 3851. 

state's attorney settling or ofi"ering to settle with respondent, § 3852. 
town refunding fine liable to forfeiture, § 3853. 
costs in prosecution before justice; how audited and paid, § 3854. 
part of certain fines to go to prosecutor, § 3855. 
witness's testimony criminating himself, § 3856. 
amendments allowed, except as to substance, § 3857. 
additional fees in liquor prosecutions, § 3858. 
forms, §§ 3859-3866. 

complaint for selling, &c., and for becoming common seller, § 3859. 

each act provable as an ofiense ; sentence, § 3860. 

description of offense in indictment or declaration, § 3861. 
complaint and warrant for search and seizure, § 3862. 
order for destruction of liquor forfeited, § 3863. 
warrants on disclosure, § 3864. 
complaint for keeping nuisance, § 3865. 



1058 INDEX TO THE REVISED LAWS. 

INTOXICATING LIQUOR, TRAFFIC IN — continued, 
forms — continued. 

order to abate nuisance, § 3866. 
bond of town liquor agent, § 3793. 



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